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l:.S.Department of Homeland Security <br /> Headquarters <br /> 500 C St SW <br /> Washington,D C.20042 <br /> ut*'r�t <br /> \�`4. FEMA <br /> PhD 4{<` <br /> contractors and subcontractors by the administering agency or the Secretary of <br /> Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the <br /> applicant agrees that if it fails or refuses to comply with these undertakings, <br /> the administering agency may take any or all of the following actions: Cancel, <br /> terminate, or suspend in whole or in part this grant (contract, loan, insurance, <br /> guarantee); refrain from extending any further assistance to the applicant <br /> under the program with respect to which the failure or refund occurred until <br /> satisfactory assurance of future compliance has been received from such <br /> applicant; and refer the case to the Department of Justice for appropriate legal <br /> proceedings. <br /> 4. DAVIS-BACON ACT(NOT APPLICABLE) <br /> a Standard. All prime construction contracts in excess of$2,000 awarded by <br /> non- Federal entities must include a provision for compliance with the Davis- <br /> Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by <br /> Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards <br /> Provisions Applicable to Contracts Covering Federally Financed and Assisted <br /> Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the <br /> statute, contractors must be required to pay wages to laborers and <br /> mechanics at a rate not less than the prevailing wages specified in a wage <br /> determination made by the Secretary of Labor. In addition, contractors must <br /> be required to pay wages not less than once a week. <br /> h Applicability.The Davis-Bacon Act only applies to the Emergency <br /> Management Preparedness Grant Program,Homeland Security Grant <br /> Program, Nonprofit Security Grant Program,Tribal Homeland Security Grant <br /> Program, Port Security Grant Program, and Transit Security Grant Program. <br /> c Requirements. If applicable, the non-federal entity must do the following: <br /> i. The non-Federal entity must place a copy of the current prevailing wage <br /> determination issued by the Department of Labor in each solicitation. <br /> The decision to award a contract or subcontract must be conditioned <br /> upon the acceptance of the wage determination. The non-Federal entity <br /> must report all suspected or reported violations to the Federal awarding <br /> agency. <br /> ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject <br /> to the Davis-Bacon Act, must also include a provision for compliance with <br /> the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by <br /> Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and <br /> Page 5 of 19 www.fema.dov/procurement-disaster-assistance-team <br />